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BIVENS v. BYERS

No. 5540.

532 S.W.2d 724 (1976)

Lela BIVENS et al., Appellants, v. Dorothy Marie Stratton BYERS, Individually and as Administratrix of the Estate of G. J. Stratton, Deceased, et al., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied February 26, 1976.

Attorney(s) appearing for the Case

McWhorter, Cobb & Johnson, Lubbock, for appellants.

Brown & Hill, Nall, Harrison & Nall, Henderson, Bryant & Wolfe, William R. Bryant, Sherman, for appellees.

OPINION

McDONALD, Chief Justice.

The question presented is that of ownership of five certificates of deposit which were issued by the First National Bank of Van Alstyne, Texas. One of the certificates was made payable to the order of "Minnie Elkins or G. J. Stratton", and each of the other 4 certificates were made payable to the order of one of the other appellants "or G. J. Stratton". The bank filed interpleader alleging G. J. Stratton purchased the five...

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